Motion(s): (1) Motion for Summary Adjudication by Defendants State of
California Employment Development Department, Collette
Nwonye, Angelica Tetuan, and Vincent Garcia
(2) Motion for Summary Judgment by Plaintiff Tina Jackson
Tentative Ruling:
To grant defendants’ motion for summary adjudication of the fourth cause of action for defamation.
To deny plaintiff’s motion for summary judgment.
Explanation:
I. Defendant’s Motion for Summary Adjudication
A defendant moving for summary judgment or adjudication has the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant meets that burden by showing that one or more elements of the cause(s) of action cannot be established or that there is a complete defense thereto. (Code Civ. Proc., § 437c, subds. (p)(2), (o)(2).) Once the moving party has met its initial burden, the burden then shifts to the opposing party to p
Hearing Date
September 17, 2018
Type
15 Unlimited - Other Employment
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Motion(s): (1) Motion for Summary Adjudication by Defendants State of
California Employment Development Department, Collette
Nwonye, Angelica Tetuan, and Vincent Garcia
(2) Motion for Summary Judgment by Plaintiff Tina Jackson
Tentative Ruling:
To grant defendants’ motion for summary adjudication of the fourth cause of action for defamation.
To deny plaintiff’s motion for summary judgment.
Explanation:
I. Defendant’s Motion for Summary Adjudication
A defendant moving for summary judgment or adjudication has the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant meets that burden by showing that one or more elements of the cause(s) of action cannot be established or that there is a complete defense thereto. (Code Civ. Proc., § 437c, subds. (p)(2), (o)(2).) Once the moving party has met its initial burden, the burden then shifts to the opposing party to p